Rental Contract

Statewide Equipment Rentals, LLC 2191 W 200 S Parowan, UT 84761 PH: 435-301-5803 Email: [email protected]

(hereinafter referred to as "LESSOR")

1. PAYMENT TERMS & FEES a) Payment Terms: All rental fees are due at the completion of rental term. b) Reservation Deposit: LESSEE shall pay a Reservation Deposit equal to 25% of the total rental upon execution of this Agreement. This Reservation Deposit will be applied to the Total Due at rental completion. b) Damage Deposit: LESSEE shall pay a refundable Damage Deposit $250 + 5% or $500 + 5% of Subtotal, depending on category of equipment rented. c) Co-Insurance Charge: If LESSEE does not provide adequate insurance with Statewide Equipment Rentals LLC listed as an additional insured, LESSEE shall pay a non-refundable Co-Insurance charge equal to 8% of the subtotal. d) Late Charges: Any unpaid balance shall accrue interest at 3.5% per month (42% annually) or the maximum rate permitted by law, whichever is less, beginning the day after the due date. e) Accepted Payment Methods: Cash, Credit Card, ACH. f) Scheduled Maintenance Fees: Long-term rentals (30 days or greater) will incur a scheduled maintenance fee of $300 per 30 day period. g) Cleaning Fee: If returned machines are excessively dirty, there will be a $75 cleaning fee. h) Fuel: All Equipment is delivered with a full fuel tank unless otherwise noted. Lessee shall return the Equipment with a full fuel tank. *If Equipment is returned with less than a full tank, Lessor shall refuel the Equipment and charge Lessee a fuel surcharge of $4.50 per gallon, plus applicable taxes and service fees.

2. DELIVERY AND RETURN LESSEE shall return the Equipment to LESSOR at the above return location on the return date specified unless this Agreement is terminated earlier or delivery and pickup is requested for an additional fee.

3. INSPECTION AND ACCEPTANCE LESSEE acknowledges that they have inspected the Equipment prior to taking possession and finds it in good working order and repair, and in a clean and acceptable condition. Any existing damage, defects, or concerns have been noted in the "Condition" section of the Equipment Description.

4. USE OF EQUIPMENT a) LESSEE shall use the Equipment in a safe and appropriate manner and shall comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the Equipment. b) LESSEE agrees that the Equipment shall be operated only by qualified, trained, and properly licensed operators. c) LESSEE shall not: Use the Equipment for any illegal purpose or in any illegal manner. Remove the Equipment from the job site location without LESSOR's prior written consent. Make any alterations, additions, or improvements to the Equipment without LESSOR's prior written consent. Allow the use of the Equipment by any unauthorized parties. Use the Equipment beyond its rated capacity or in a manner inconsistent with the manufacturer's instructions. Use the Equipment in hazardous environments unless specifically designed for such use. d) The Equipment shall be used only at the location specified as Job Site

5. DAILY INSPECTIONS & ROUTINE MAINTENANCE (LESSEE RESPONSIBILITY) a) LESSEE shall maintain the Equipment in good repair and operating condition, allowing for normal wear and tear. This includes:

• Performing daily inspections and routine maintenance as specified by the manufacturer.
• Maintaining proper fluid levels (oil, hydraulic fluid, coolant, etc.).
• Lubricating Equipment as required.
• Checking tire pressure and condition.
• Properly fueling the Equipment with the specified fuel type.
• Maintaining cleanliness b) LESSEE shall immediately notify LESSOR of any Equipment malfunction, damage, need for repair, or maintenance issue. c) LESSEE shall not attempt any repairs without LESSOR's prior consent unless such repairs are routine maintenance items specified in the manufacturer's guidelines. d) LESSOR shall have the right to inspect the Equipment at any reasonable time and make necessary repairs. e) LESSEE shall bear all costs for repairs resulting from:
• Improper use or operation of the Equipment.
• Negligence by LESSEE or any operators.
• Failure to perform required routine maintenance.

6. INSURANCE a) LESSEE, at its own expense, shall maintain and carry insurance coverage with limits no less than: General Liability Insurance: $1,000,000 per occurrence and $2,000,000 in the aggregate Property Insurance: Full replacement value of the Equipment Workers' Compensation Insurance: As required by law b) LESSEE shall provide certificates of insurance naming LESSOR as an additional insured and loss payee prior to taking possession of the Equipment. No Equipment shall be released to LESSEE until proof of the required insurance coverage has been provided to and approved by LESSOR. c) LESSEE's insurance shall be primary and non-contributory with respect to any insurance carried by LESSOR. d) LESSEE agrees that the insurance requirements specified herein represent minimum coverage requirements and not limitations of liability. LESSEE shall be solely responsible for any deductibles, self-insured retentions, or uninsured losses. e) LESSEE shall provide LESSOR with thirty (30) days written notice prior to any cancellation, non-renewal, or material change to the insurance policies required by this Agreement. f) Failure to maintain the required insurance coverage shall constitute an immediate default under this Agreement. g) Lessee’s insurance shall be primary and non-contributory to any insurance maintained by Lessor. Lessee waives all rights of subrogation against Lessor and shall ensure that all applicable insurance policies contain endorsements reflecting this waiver.

7. INDEMNIFICATION LESSEE shall indemnify, defend, and hold harmless LESSOR, its officers, directors, employees, and agents from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including reasonable attorney's fees, arising out of, connected with, or resulting from the rental, possession, operation, use, or return of the Equipment.

8. LIABILITY AND DAMAGE a) LESSEE assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to LESSOR in the condition received, with the exception of normal wear and tear. b) LESSEE shall be liable for: The full cost of replacement for Equipment that is lost, stolen, or damaged beyond repair. The cost of repairs for damaged Equipment. Loss of rental income during repair or replacement period. Diminution in value of the Equipment due to damage. c) In the event of Equipment breakdown, LESSOR shall: Replace the Equipment with similar Equipment in working order, if available. Adjust the rental charge to reflect the period of time the Equipment was inoperable.

9. DEFAULT Any of the following shall constitute default under this Agreement: a) Failure to pay any amount when due. b) Breach of any term or condition of this Agreement. c) LESSEE's insolvency or bankruptcy. d) Seizure of LESSEE's assets. Upon default, LESSOR may: a) Terminate this Agreement. b) Require immediate return of the Equipment. c) Enter LESSEE's premises to recover the Equipment. d) Recover all costs and expenses, including legal fees, incurred in exercising any remedies. e) Pursue any other remedies available under applicable law.

10. TERMINATION a) This Agreement shall terminate on the return date specified unless extended by mutual agreement of both parties in writing. b) LESSOR may terminate this Agreement upon 24 hours' notice to LESSEE in the event of default. c) Upon termination, LESSEE shall return the Equipment to LESSOR in the same condition as received, reasonable wear and tear excepted.

11. NO WARRANTY LESSOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE EQUIPMENT'S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. LESSEE'S TAKING POSSESSION OF THE EQUIPMENT SHALL CONCLUSIVELY ESTABLISH THAT THE EQUIPMENT WAS IN GOOD OPERATING CONDITION WHEN LESSEE TOOK POSSESSION.

12. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.

13. MISCELLANEOUS a) Assignment: LESSEE shall not assign or sublet any interest in this Agreement without LESSOR's prior written consent. b) Severability: The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision. c) Waiver: The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that party's right to enforce that provision in the future. d) Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, representations, or understandings between the parties. e) Amendment: This Agreement may be modified only by a written amendment signed by both parties.

14. UTILITY LOCATION REQUIREMENTS Lessor assumes no responsibility for damage to utilities, infrastructure or other property. It is the responsibility of the Lessee to contact the proper authorities for utility location before digging. Call Before You Dig! Blue Stakes of Utah. Call 811 or 800-662-4111

15. PRE-LIEN NOTICE & SECURITY INTEREST a) Preliminary Notice / Lien Rights Lessee acknowledges that for all rental charges exceeding $2,500, Lessor may file Utah Preliminary Notices, mechanic’s liens, bond claims, or other statutory notices necessary to preserve payment rights. Failure to file such notice shall not constitute a waiver of Lessor’s rights.

b) Security Interest Lessee grants Lessor a continuing security interest in the Equipment and any proceeds derived from its use to secure payment of all obligations.

SIGNATURES IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above by digitally signing this agreement.

1. Terms Statewide Equipment Rentals LLC, a Utah limited liability company (the “Lessor”), Located at 2191 W 200 S, Parowan, UT 84761 rents to the customer identified on the Rental Agreement—including, without limitation, that customer’s representatives, employees, agents, officers, and/or any person signing on the customer’s behalf (collectively, the “Customer”)—the equipment and/or services described in the Rental Agreement, together with all related tools, tires, attachments, additions, and accessories (collectively, the “Equipment”), subject to the terms and conditions of this Contract. The rental term begins when the Equipment is delivered to the Customer and/or to the jobsite listed on the Rental Agreement and continues until the Equipment is returned to the Lessor and/or the Lessor actually picks up the Equipment (the “Rental Period”). It is the Customer’s duty to inspect the equipment upon delivery. If Customer fails to notify Lessor of any equipment dispute or defect within a 15-days of receiving the equipment, Customer shall be deemed to have accepted the transaction as satisfactory and voluntarily waives such claim.

2. Customer Responsibilities Customer shall: (a) ensure that all safety and operating information, including manuals, log books and warning labels supplied with Equipment are attached to or otherwise kept with Equipment and brought to the attention of, explained to, and reviewed with, each and every person operating or otherwise utilizing Equipment; (b) not alter, deface, erase or remove any identifying mark, plate or number on or in Equipment or otherwise interfere with Equipment; (c) not alter, or affix or attach anything to Equipment; (d) not permit the key(s) to be left in the ignition while Equipment is unattended or otherwise allow the Equipment to be accessible by unauthorized persons while the Equipment is unattended; and (e) not move or transport the Equipment from the job location set forth on The Rental Agreement hereof without Lessor's prior written consent.

3. Customer Representations By renting Equipment from Lessor, Customer represents and warrants that: (a) any apparent agent at the job location is authorized to accept delivery of the Equipment; (b) prior to each use of Equipment, Customer shall inspect Equipment, and if the Equipment is in need of maintenance or repair, Customer shall immediately discontinue use and notify Lessor; (c) the Equipment is fully operable and in good mechanical condition, free from defects, and fit for Customer's intended use; (d) any and all operators of Equipment are authorized by Customer, and are competent, familiarized, trained, qualified and licensed to operate Equipment; and (e) the Equipment shall only be used for its intended purpose, in a safe and careful manner, and in strict compliance with all common law, federal, provincial, municipal, or other local laws (including, without limitation, O.S.H.A.), orders, rules, regulations, or decisions of any regulatory body, the manual(s) of the Equipment, or any manufacturer's instructions or warnings.

4. Payment Customer shall pay Lessor all amounts due in full within 15 days of the date of invoice. If Customer has directed charges to be billed to another person and such person shall fail to make payments, Customer shall be responsible to pay such charges. All accounts not timely paid shall bear interest at the rate of 3.5% per month, or the maximum rate permitted by law, until paid in full. Customer will pay Lessor all time and mileage, service, minimum, or other charges at the rates set forth or otherwise computed in this Contract. Deposits shall be returned after all amounts due Lessor are paid in full. Lessor may retain the security deposit identified on the front side of this Contract to apply toward any amount due herein if Customer defaults on any invoice. If a credit card is supplied by the Customer to Lessor, Customer acknowledges and grants Lessor the unequivocal right to recover from Customer's credit card immediately and/or consecutively any charges or amounts due Lessor until paid in full, including without limitation any additional rental rates, interest, and/or charges incurred by Lessor for Customer's failure or refusal to return Equipment, and any and all loss or damage to Equipment.

5. Return of Equipment The Equipment shall be returned to Lessor, during normal business hours, at the end of the Rental Period, or earlier if reasonably demanded by Lessor, together with all tires, tools and accessories, and in the same condition as when received, normal wear and tear excepted. If Lessor agrees to pick up the Equipment, Lessor shall endeavor to use commercially reasonable efforts to pick up the Equipment after the issuance of an "off rent" confirmation number. Without limiting Customer's liability for the Equipment as set forth in this Contract, Customer shall use its best efforts to make the Equipment available for pickup when requested by Lessor. Customer shall be liable for all damages, theft, destruction, or loss of the Equipment from the time the Equipment leaves the Lessor's premises until the Equipment is (a) returned to Lessor; or (b) picked up by Lessor after issuance of an "off rent" confirmation number. Notwithstanding anything to the contrary contained herein, Lessor at its discretion may demand the return of Equipment at any time during the Rental Period. If, in Lessor's discretion, such demand might not be complied with, Lessor has the right, but not the obligation, to repossess Equipment, terminate this Contract without any liability for any loss or damage which may be sustained as a result of such demand, termination, or repossession. If Lessor is unable to repossess Equipment, Lessor at its discretion, may bill Customer for the entire replacement value of Equipment, in addition to rental fees already accrued.

6. Default Customer shall be in default under this Contract if: (a) Customer fails to pay any amounts owed to Lessor when due; (b) fails to return Equipment as required hereunder or upon Lessor's demand; (c) breaches any representations contained in this Contract; or (d) fails to perform any other term or condition of this Contract.

If Customer defaults, Lessor may, in addition to any other rights and remedies available at law or in equity, terminate this Contract and require Customer to immediately pay all amounts then owed and unpaid under this Contract. Lessor may also repossess the Equipment by any lawful means, without further notice or legal process. Customer agrees that Lessor will not be liable for any special or consequential damages, losses, and/or trespass claims arising from the repossession of the Equipment. Customer shall also reimburse Lessor for all costs incurred in connection with Lessor’s collection efforts, including reasonable attorneys’ fees and collection costs, whether to recover the Equipment, enforce any provision of this Contract, or collect any sums, damages, or costs due from Customer under this Contract.

7. Damages Except as otherwise expressly provided in Section 10 herein, Customer shall be responsible if at any time Equipment is damaged, lost, stolen, sustains excessive wear and tear, or otherwise is in need of repair or replacement. Customer shall immediately discontinue its use of Equipment and notify Lessor. Customer shall not permit any maintenance or repairs to Equipment without Lessor's consent. Customer shall be responsible for all fire, collision, theft, damage, and loss arising out of or relating to Customer's use and/or possession of Equipment, except for ordinary wear and tear. If Equipment is damaged, Customer shall be liable for Lessor's actual cost of repair and the payment of all continuing rental charges until the repaired Equipment can be restored to rental use by Lessor. If Equipment cannot be timely repaired, then Customer shall be liable for Lessor's new replacement cost for Equipment, as well as the payment of all continuing rental charges until Equipment is replaced and restored to rental use by Lessor. Lessor shall have the sole discretion as to whether Equipment is replaced or repaired, which shall be binding on Customer.

8. Assumption of Risk During the Rental Period, Customer assumes all risks arising from or related to this Contract, including Customer’s use, misuse, possession, custody, operation of, and responsibility for the Equipment. These risks include, without limitation, any loss, damage, injury, death, and related rental charges. Customer must immediately notify Lessor, and, when applicable, the police and Customer’s insurance carriers, if any theft, vandalism, accident, casualty, loss, death, injury, citation, fine, or other damage to persons or property occurs in connection with the Equipment. Customer shall also promptly provide Lessor with copies of any reports, legal process, pleadings, notices, or other documents received regarding any such incident. If any of the above events occur, Lessor has the immediate right to retake possession of the Equipment. This provision shall survive termination of this Contract.

9. Insurance Without limiting Customer's responsibilities, indemnifications, or other obligations contained in this Contract, Customer shall, at its own expense, secure and maintain the following insurance in effect during the Rental Period: (a) general liability insurance with limits no less than $1,000,000 each occurrence and $2,000,000 aggregate; (b) property insurance against damage and/or loss by all risks to Equipment in amount to cover the full replacement value of the Equipment; (c) workers compensation coverage and employers liability coverage on a primary basis for worker's compensation benefits incurred or claimed by Customer's agents, employees, and representatives; and (d) if applicable, automobile liability with $1,000,000 combined single limit.

All insurance set forth herein shall be primary, non-contributory, and name Lessor as additional insured. Upon Lessor's request, Customer shall provide Lessor with evidence of such coverage. To the extent Lessor carries any insurance, Lessor's insurance shall be excess insurance and shall not contribute with Customer's insurance. Furthermore, the customer’s insurance provider MUST provide Statewide Equipment Rentals LLC with a written notice 10 days prior to the cancellation of their client’s policy. The written notice must be sent to the mailing address of Statewide Equipment Rentals LLC, PO Box 1680, Parowan UT 84761.

10. Rental Protection Plan In the event proof of acceptable property insurance coverage for the Equipment is not provided to Lessor, Customer agrees to purchase the optional Rental Protection Plan ("RPP") equal to 15% of the gross rental rate for such Equipment. Subject to this Section, Lessor shall waive certain property damage claims against Customer for stolen, damaged, or destroyed Equipment that is covered by the RPP, except for a deductible amount equal to: (a) 10% of Lessor's cost to repair damaged Equipment, or $5,000, whichever is lesser; and/or (b) 10% of the original equipment cost of the Equipment to replace stolen or destroyed Equipment, or $5,000, whichever is lesser. Notwithstanding anything to the contrary contained herein, the following exclusions shall not be covered under the RPP, and Customer shall remain fully liable for all loss or damage to the Equipment: (i) neglect, willful misconduct, abuse, gross negligence, misuse, negligence, improper use, and/or wrongful application of the Equipment; (ii) use, possession, and/or operation of the Equipment by a person other than the Customer or Customer's authorized employees or operators; (iii) overloading, exceeding rated capacity or speed limit, improper or lack of routine inspection, overturning, and/or striking overhead objects; (iv) failure to properly secure the Equipment, as determined solely by Lessor, including, without limitation, leaving the ignition key or similar accessible by unauthorized persons while the Equipment is unattended, or storing the Equipment in an unsecure location; (v) mysterious disappearance, loss, vandalism, or wrongful conversion by or from any person, including one entrusted with the Equipment, unless, (A) Customer notifies Lessor within one (1) business day of discovery, and (B) Customer files (and delivers to Lessor) a police report or other filing with the applicable public authorities within one (1) business day of discovery; (vi) Customer's failure to pay any and all amounts due and owing to Lessor at any time (including, but not limited to, the RPP charge set forth herein); (vii) Customer's violation of any of the terms of the Contract, any other contract or invoice with Lessor, and/or violation of any common law, federal, provincial, municipal, or other local laws, orders, rules, regulations, or decisions of any regulatory body, or any manufacturer's instructions or warnings; and/or (viii) exposure and/or contamination with or from radioactive, contaminated, hazardous, toxic, explosive, or corrosive materials. RPP IS NOT INSURANCE and does not relieve Customer of other insurance requirements, risk of loss, indemnification, and/or other obligations herein.

11. No Warranties CUSTOMER ACKNOWLEDGES THAT THE EQUIPMENT SHALL BE RENTED ON AN "AS IS, WHERE IS" BASIS, WITH ALL FAULTS, AND WITHOUT ANY RECOURSE TO LESSOR. LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, ALL IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, LESSOR HEREBY DISCLAIMS ANY OF ITS OBLIGATIONS OR LIABILITIES ARISING FROM STATUTE, WARRANTY, CONTRACT, TORT OR NEGLIGENCE. THE CUSTOMER IS NOT RELYING ON ANY REPRESENTATIONS OF LESSOR THAT EQUIPMENT IS SUITED FOR CUSTOMER'S INTENDED USE, OR IS FREE FROM DEFECTS IN ITS DESIGN, CAPACITY, MATERIALS USED, PERFORMANCE, OR WORKMANSHIP. LESSOR FURTHER DISCLAIMS ANY LIABILITY WHATSOEVER FOR LOSS, DAMAGE, OR INJURY TO CUSTOMER OR THIRD PARTIES AS A RESULT OF ANY DEFECTS, LATENT OR OTHERWISE, IN THE EQUIPMENT.

12. Miscellaneous Fees and Charges To the extent other charges apply to this Contract, including, without limitation, delivery or pick-up charges, fuel charges, and environmental charges, these charges collected are used by Lessor at its sole discretion, are not taxes, surcharges, or fees mandated by any governmental authority or agency, are not designated for any particular use, and are not held separately from other revenue. Lessor reserves the right to collect any estimated personal property tax recover or reimbursements allowed by law.

13. Indemnification CUSTOMER AGREES THAT THE EQUIPMENT AND ALL PERSONS OPERATING THE EQUIPMENT ARE UNDER ITS EXCLUSIVE CONTROL, CUSTODY, AND SUPERVISION. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER SHALL INDEMNIFY, RELEASE, DEFEND (WITH COUNSEL APPROVED BY LESSOR), PROTECT AND HOLD LESSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, CAUSES OF ACTION, JUDGMENTS, PENALTIES, DEMANDS, AND CLAIMS OF EVERY KIND AND CHARACTER, HOWEVER ARISING OR INCURRED, FOR INJURIES, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, INCLUDING THE EQUIPMENT, CLAIMED FOR OR AGAINST LESSOR, INCLUDING BUT NOT LIMITED TO LOSSES CAUSED IN PART BY THE ACTIVE OR PASSIVE NEGLIGENCE OR FAULT OF LESSOR, ITS OFFICERS, AGENTS, AND EMPLOYEES, ARISING OUT OF OR RELATING TO: (A) CUSTOMER'S USE, POSSESSION, OPERATION, STORAGE, OR CONTROL OF THE EQUIPMENT DURING THE RENTAL PERIOD; (B) CUSTOMER'S FAILURE TO COMPLY WITH ANY APPLICABLE COMMON LAW, FEDERAL, PROVINCIAL, MUNICIPAL, OR OTHER LOCAL LAWS, OR ORDERS, RULES, REGULATIONS, OR DECISIONS OF ANY REGULATORY BODY; OR (C) CUSTOMER'S FAILURE TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS CONTRACT, INCLUDING, WITHOUT LIMITATION, CUSTOMER'S REPRESENTATIONS CONTAINED HEREIN. WITH RESPECT TO CLAIMS BY EMPLOYEES OF CUSTOMER OR ITS SUPPLIERS, THE INDEMNITY OBLIGATIONS CREATED UNDER THIS SECTION SHALL NOT BE LIMITED BY THE FACT OF, AMOUNT, OR TYPE OF BENEFITS OR COMPENSATION PAYABLE BY OR FOR CUSTOMER OR ITS SUPPLIERS UNDER ANY WORKERS' COMPENSATION, DISABILITY BENEFITS, OR OTHER EMPLOYEE BENEFITS ACTS OR REGULATIONS, AND CUSTOMER WAIVES ANY LIMITATION OF LIABILITY ARISING FROM WORKERS' COMPENSATION OR SUCH OTHER ACTS OR REGULATIONS. CUSTOMER'S INDEMNITY OBLIGATIONS CREATED UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS CONTRACT.

14. Limitation of Liability In no event will Lessor be liable for any incidental, indirect, special, impact, or consequential damages, nor will Lessor’s total cumulative liability exceed the total rental charges paid by Customer under this Contract. Customer’s sole and exclusive remedy is limited to the repair or replacement of any defects in the Equipment arising from normal use, at Lessor’s sole discretion.

15. Taxes Customer shall be responsible for all taxes imposed by applicable governmental authorities. If Customer is exempt from the payment of any tax, Customer shall promptly provide evidence of exemption to Lessor. Customer shall pay all taxes until evidence of exemption is received and accepted by Lessor.

16. Equipment Owned By Third Party Title to and ownership of Equipment shall remain with Lessor at all times. In the event Equipment is the subject of a lease agreement with third parties, such as financial institutions and their successors and assigns (each, a "Third Party Lessor"), Customer acknowledges and agrees that all of its rights under the Contract in and to Equipment, including Customer's right to its possession, are subordinate and subject to the rights and claims of Third Party Lessor against Equipment, including but not limited to the right of Third Party Lessor to take possession of Equipment, without any liability of the Third Party Lessor to Customer. In the event the Third Party Lessor takes possession of Equipment, Lessor shall timely provide to Customer substitute Equipment reasonably similar to Equipment, but in no event shall any failure by Lessor to do so diminish, in any way, Third Party Lessor's right to possession of Equipment.

17. Charges All mileage, time, and other charges specified on the front side of this Contract for the rental of Equipment shall be calculated as follows: (A) metered time (based on the hour meter on Equipment) over eight (8) hours per twenty-four (24) hour day, forty (40) hours per seven (7) day week, and one hundred sixty (160) hours per twenty-eight (28) day month, is charged in addition to, the daily, weekly or monthly rates; and (B) mileage charges, when applicable, shall be calculated using the odometer on Equipment, in addition to time charges. Equipment shall be provided to Customer with a full tank of fuel, and Customer, at its expense, shall return Equipment with a full tank of fuel. Lessor reserves the right to charge Customer for less than full fuel tanks upon return of Equipment. 250 hour scheduled maintenance fees will be charged to Customer on long-term rentals (1 month or greater).

18. Class Action Waiver Customer agrees that any claims or proceedings that it brings against Lessor will be conducted on an individual basis, and not on a class-wide, collective, or representative basis, and that any one person's or entity's claims shall not be consolidated with any other claims or proceedings. Customer further agrees that Customer will not sue Lessor as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Lessor. Nothing in this Section limits Customer's right to bring an individual claim, action, or lawsuit against Lessor.

19. Governing Law & Venue This Contract shall be construed and enforced in accordance with the laws of Utah. The parties agree that any action related to this Contract or subject matter thereof, Customer's Credit Application/Agreement, and/or Customer's invoices shall exclusively be brought only in the courts located in Iron County, Utah, with the strict exception of mechanics liens and foreclosure action(s) of mechanics liens, which shall be brought in the courts of the state where the Equipment is rented and/or where the construction project is located. The parties specifically consent to the exclusive and personal jurisdiction and venue of such courts and irrecoverably waive any right to object to such jurisdiction and venue. The parties expressly agree that this jurisdiction and venue clause is reasonable, fair, and was freely negotiated between the parties.

AERIAL WORK PLATFORM SAFETY FORM:

Any piece of equipment can be dangerous if not maintained and operated properly. You Are responsible for the safe operation of this equipment and to assure that it is maintained properly. The operator must carefully read and follow any warnings, safety signs and instructions provided with or located on the equipment. Do not remove, defeat, deface or render inoperable any of the safety devices or warnings on this equipment. If any safety devices or warnings have been removed, defeated, defaced or rendered inoperable, DO NOT USE THE EQUIPMENT! If this equipment requires the use of diesel fuel: Diesel engine exhaust and some of its constituents are known to cause cancer, birth defects, and other reproductive harm.

ELECTROCUTION HAZARD! Check for overhead obstructions and high voltage power lines. A minimum distance of 10 feet from energized high voltage conductors shall be maintained at all times!

DO NOT OPERATE UNLESS AUTHORIZED AND TRAINED TO RUN LIFT!

1. Ensure that boom lift is on a firm and level surface. Do not drive on soft or uneven terrain. Failure to take caution could cause lift to tip-over. The aerial work platform shall not be driven on grades, side slopes or ramps exceeding those for which the aerial work platform is rated by the manufacturer.
2. Inspect the work area thoroughly for all obstacles, debris, drop-offs, holes, slopes and depressions.
3. Inspect the lift thoroughly before each use. Test all functions before raising platform. Check fluid levels, tire pressure, hoses for leaks, breaks in the cable and elevating assembly. NEVER OPERATE A DAMAGED MACHINE.
4. Ensure that all guards rails are properly secured and gates and openings are closed. Do not sit, stand, lean or place loads on guard rails.
5. Personnel shall maintain a firm footing in the basket at all times. Do not use ladders or other objects on the lift to gain greater height. ALWAYS KEEP YOUR TOW FEED ON THE PLATFORM.
6. Hard hat, safety glasses and safety shoes should always be worn by operator.
7. If unit has outriggers, do not raise platform until outriggers are extended fully and stabilizers are down.
8. Know the rated capacity of the aerial lift. Distribute the load evenly over the platform. DO NOT OVERLOAD. SERIOUS INJURY COULD OCCUR.
9. Do not operate lift when the wind velocity exceeds 25 MPH or in thunderstorms conditions. EXTREME WIND COULD CAUSE THE LIFT TO TIP-OVER.
10. Do not drive with the platform raised. When raised, move only to maneuver.
11. Do not allow ropes, cords, etc., to become entangled in the elevating parts.
12. STUNTS DRIVING AND HORSEPLAY COULD RESULT IN INJURY OR DEATH! BE SAFE!
13. The operator is responsible for ensuring that all personal protective equipment is used.
14. The aerial work platform shall not be used as a crane.
15. Before operating any aerial work platform, operators hall have read and be familiar with the operators manual and shall abide by the safety rules and practices.

If the person receiving this form will not be the user of the equipment, forward these instructions to the operator. If there is any doubt as to the operation of safety of the equipment, DO NOT USE!!! Call us immediately!

FAILURE TO FOLLOW THESE INSTRUCTIONS COULD RESULT IN INJURY OR DEATH